Choosing your Contracting Strategy

Perhaps you are a new entrepreneur about to launch a business or innovation you have been dreaming about for years. Or maybe you have an established business and things are going well, or maybe even too well. In both instances you at some point will need to make a decision what to do yourself and what to have done by others. If a business wishes to grow, it needs to focus on dong it’s core business itself and to have it’s side business done by those who consider such activity their core business.

So now you are writing up your first business contract or touching up bits and pieces from those you have seen flying by in the past, hoping it will contain all necessary provisions and that it will be sufficient professional to close business with clients. But do you have all variables under control? Like the e.g. business model, is it a sale agreement directly with the end-user? Or is it rather a Third-Party-Sales-Channel-model where a variety of resellers, distributors, agents, etc. are your direct customer? And how is the product warranty dealt with á vis these TPSC parties who are not the actual users of your product, and what about provisions for keeping safety stocks or about regularly performing a contract audit with these TPSC parties making sure they meet their contractual obligations?

Alternatively, hiring in-house employees- assuming you easily may find such ‘niche experts’ may take an extra leap once they are onboarded, to have them trained and operational with the right systems available, etc. but what next if business suddenly slows down? Will you have the means to scale-down on your resources? Or will your employment agreement have the flexibility clauses to have your contract professionals re-train or re-educate in another domain required then?

8 Tips before Considering to Litigate

No one wants to legally challenge one other in court. And there may be many reasons for that, except the extra charges, the uncertainties of outcome and the indirect damages (e.g. negative publicity or one’s reputation being impacted) indirect damage in may cause. So prior making such key decision, one should take some items, aspects or tips into consideration. First question is always: ‘What do I aim to achieve and what are the chances of really winning the case?’ Think in what is the plausibility ratio of winning and what are the associated risks?

Second, it’s hardly no use to start a battle when not having the ammunition or the tangible evidence to substantiate or proof your point. Fourth element is to be aware of the lengthiness of duration such case may take. If time may hinder the continuation of your business, you may want to consider negotiating a settlement instead. Another important and fifth aspect about the solidness of your case, especially when lacking any evidence is whether you can rely on precedent cases. Tip number six and seven is whether-and how you can use and rely on professional opinion from an expert. Especially in healthcare cases, such support may make your case so much credible. Final tip, is the availability of the overall set variables to litigate such as when (timing), against whom (who will be the 1 or several defendants), where (in front of which court) amongst of so many other items to decide on.

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Van Doren+Partners contributes to society through different means, channels and ways where we can, and where we believe to add value. We continuously invest in a diverse and inclusive culture in which our people can thrive regardless of their background, gender or ethnicity. We do realize that ‘alone’ we are not that strong, not positioned that ideal than we are ‘combined’ with our external partners. Further, we are also committed to minimizing our environmental impact through new technologies and internal sustainability policies.

We strive to use and deploy its expertise to make fundamental changes in society per assisting in NGO projects, initiatives or otherwise. In doing so, we handle certain engagements and cases on a ‘Pro Bono’ basis. Such requests and opportunities are prior commencing, being assessed by our Pro Bono committee according very strict principles and rules. When having further questions regarding our ‘Pro Bono’ engagements or when wishing to rely on our Pro Bono services contact us via the web-page ‘Contact Us’.